The Federal Courts Chapter 16. The Nature of the Judicial System Introduction: – Two types of cases: Criminal Law: The government charges and individual.

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Presentation on theme: "The Federal Courts Chapter 16. The Nature of the Judicial System Introduction: – Two types of cases: Criminal Law: The government charges and individual."— Presentation transcript:

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The Nature of the Judicial System Introduction: – Two types of cases: Criminal Law: The government charges and individual with violating one or more specific laws. Civil Law: The court resolves a dispute between two parties and defines the relationship between them. – Most cases are tried and resolved in state courts, not federal courts.

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The Nature of the Judicial System Participants in the Judicial System – Litigants Plaintiff- the party bringing the charge Defendant- the party being charged Jury- the people (normally 12) who often decide the outcome of a case Standing to sue: plaintiffs have a serious interest in the case.

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The Nature of the Judicial System Participants in the Judicial System – Groups. Use the courts to try to change policies. Amicus Curiae briefs to influence the Supreme Court – Attorneys. Legal Services Corporation- lawyers to assist the poor Not all lawyers are equal.

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Federal Court Jurisdiction Jurisdiction = the authority to hear certain cases Federal Jurisdiction includes: – Ambassadors and other representatives of foreign governments – Two or more state governments – U.S. government or one of its offices or agencies – Citizens who are residents of more than one state – Citizens who are residents of the same state but claim land grants in other states Concurrent Jurisdiction = both state and federal courts have jurisdiction http://glencoe.com/sites/common_assets/socialstudies/in _motion_10/usg/USG_306.swf http://glencoe.com/sites/common_assets/socialstudies/in _motion_10/usg/USG_306.swf

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The Structure of the Federal Court System District Courts – Original Jurisdiction: courts that determine the facts about a case- the trial court. – Federal crimes – Civil suits under federal law / across state lines – Supervising bankruptcy / naturalization – Reviews some federal agencies – http://glencoe.com/sites/common_assets/socials tudies/in_motion_10/usg/USG_314.swf http://glencoe.com/sites/common_assets/socials tudies/in_motion_10/usg/USG_314.swf

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The Structure of the Federal Court System Courts of Appeal – Appellate Jurisdiction: reviews the legal issues in cases brought from lower courts. – Hold no trials and hear no testimony. – 12 circuit courts – U.S. Court of Appeals for the Federal Circuit- specialized cases – Focus on errors of procedure & law

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The Structure of the Federal Court System The Supreme Court – 9 justices- 1 Chief Justice, 8 Associate Justices – Supreme Court decides which cases it will hear – Some original jurisdiction, but mostly appellate jurisdiction. – Most cases come from the federal courts – Most cases are civil cases

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The Politics of Judicial Selection The Lower Courts – Senatorial Courtesy: Unwritten tradition where a judge is not confirmed if a senator of the president’s party from the state where the nominee will serve opposes the nomination. Has the effect of the president approving the Senate’s choice – More influence on appellate level

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The Politics of Judicial Selection The Supreme Court – President relies on attorney general and DOJ to screen candidates. – 1 out of 5 nominees will not make it. – Presidents with minority party support in the Senate will have more trouble. – Chief Justice’s position can be a sitting justice, or a new member.

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The Backgrounds of Judges and Justices Characteristics: – Generally white males – Lawyers with judicial experience Other Factors: – Generally of the same party as the appointing president – Yet the judges and justices may disappoint the appointing president – http://glencoe.com/sites/common_assets/socials tudies/in_motion_10/usg/USG_316.swf http://glencoe.com/sites/common_assets/socials tudies/in_motion_10/usg/USG_316.swf

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Figure 16.4 The Courts as Policymakers Accepting Cases – Use the “rule of four” to choose cases. – Issues a writ of certiorari to call up the case. – Very few cases are actually accepted each year.

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Figure 16.5 The Courts as Policymakers Making Decisions – Oral arguments may be made in a case. – Justices discuss the case. – One justice will write an opinion on the case.

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The Courts as Policymakers Making Decisions, continued… – Opinion: Statement of legal reasoning behind a judicial decision. – Stare decisis: basically to let the previous decision stand unchanged. – Precedents: How similar past cases were decided. – Original Intent: The idea that the Constitution should be viewed according to the original intent of the framers.

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The Courts as Policymakers Implementing Court Decisions – Must rely on others to carry out decisions – Interpreting population: understand the decision – Implementing population: the people who need to carry out the decision- may be disagreement – Consumer population: the people who are affected (or could be) by the decision

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The Courts and the Policy Agenda A Historical Review – John Marshall and the Growth of Judicial Review – The “Nine Old Men” – The Warren Court – The Burger Court – The Rehnquist Court

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Understanding the Courts The Courts and Democracy – Courts are not very democratic Not elected Difficult to remove – But the court does reflect popular majorities – Groups are likely to use the courts when other methods fail- promoting pluralism – There are still conflicting rulings leading to deadlock and inconsistency

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Understanding the Courts What Courts Should Do: The Scope of Judicial Power – Judicial restraint: judges should play a minimal policymaking role- leave the policies to the legislative branch. – Judicial activism: judges should make bold policy decisions and even charting new constitutional ground.